Website Terms and Conditions
These terms and conditions apply to your use of the Site. By using the Site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should cease using the Site.
We reserve the right to alter these terms and conditions from time to time. The amendments will take effect immediately upon publication on the Site. Your continued use of the Site after the publication of such amendments will constitute an agreement by you to be bound by the amended terms and conditions.
In these terms and conditions a reference to:
"Applets" means all text files located on the Site with the extension ".rsf" which you may click on to execute;
"Applications" means the RunSwimFly Software, the Applets and the Data Files;
(a) any modifications by you to a Data file; and
(b) any works created by you as a result of use by you of the Data Files or Applets;
"Data Files" means all binary data files with the extension ".dat" created by RunSwimFly and downloaded from the Site whether automatically or otherwise;
"Forum" means the discussion forum facility on the Site where members can post general discussion items and share members' Creations;
"Licence Agreement" means the licence agreement for the Applications between us and you;
"RunSwimFly Software" means the programs "RunSwimFly.exe" and "cell.exe";
"Site" is a reference to this website, located at www.runswimfly.com, as amended or replaced from time to time;
"we", "us" or "our" is a reference to RunSwimFly Pty Ltd ACN 137 347 436.
All users of this Site, including members, must comply with these terms and conditions. We reserve the right to terminate your access to the Site at any time, including if you breach these terms and conditions.
In order to be able to post information in the Forum (including your Creations), you must become a member. To become a member, you must complete your registration details in the manner described on the Site. Membership is free but non-transferable.
We reserve the right to terminate your membership at any time including if you breach these terms and conditions.
By using this Site or registering as a member of the Site, you agree to abide by the following terms and conditions (as applicable to you):
1 you acknowledge that any information or material submitted by you to the Site is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
2 when you submit material (including Creations) to the Site, you assign all copyright and other intellectual property rights which subsists in such material to us;
3 you are responsible for protecting the confidentiality of your password;
4 you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
5 you agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members or users;
6 you agree not to impersonate any other person;
7 you agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions;
8 you agree not to post or transmit any unsolicited advertising or promotional materials;
9 any material which you post may be removed by us from the Site without notice at any time;
10 you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
11 you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
12 you accept that any material or information provided by you may be posted on the Site for any other members or users to read;
13 we do not make any representations or warranties that the information we provide on the Site is reliable, accurate or complete or that your access to the Site will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us;
14 we do not accept any liability for the accuracy or content of any material posted by other members of the Site. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
15 we do not accept any responsibility or liability for any information or material which you submit to the Site, nor do we accept any responsibility for any use or misuse which you or any other members or users make of information or material which you submit to the Site;
16 we do not warrant that we will post your information or material on the Site or that we will respond to questions or comments submitted by you to our Site;
17 if you download any material from the Site, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.
18 subject to the terms of the Licence Agreement and the section "Restricted Use" in these terms and conditions, you may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Site. In addition, you may not commercialise any information, products or services from the downloaded material.
We accept no responsibility for any loss or damage, whether direct or indirect and however caused (including through negligence) that you may suffer in connection with your use of the Site (including the Applications) or any linked website. However, this disclaimer does not extend to any liability imposed by law, to the extent that such liability cannot be lawfully limited or excluded.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
We do not warrant or represent that the Site or emails received from us pursuant to the Forum or "Contact" facility, or otherwise from the Site will be uninterrupted or error free or free of other harmful components. You must take your own precautions to ensure that your access to the Site does not expose you to the risk of any viruses, malicious computer codes or other forms of interference that may damage your computer system. We do not accept any responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any linked website, or your receipt of emails from us pursuant to the Forum or "Contact" facility or otherwise from the Site.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the Applications, the Forum or the Site, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Site, any transmissions by other members in contravention of the users' obligations as set out in these terms and conditions or any content transmitted by a non-member.
You must indemnify us and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions by you or, if you are a member, by any person using your username or password, whether or not you have authorised that person to use your username or password .
Warning about use of Applications with a Webcam or other Viewing Device
You acknowledge that your use of a webcam or other viewing device in conjunction with all or part of the Applications can cause damage to property or persons. As with other camera and motion based entertainment experiences you must take care that you do not strike real world objects and cause damage to yourself, to others or to property. You acknowledge that children and pets may enter your area of interaction without warning or sound. You will not use sharp objects or swing or throw objects in conjunction with your use of the Applications.
Copyright in the Site, including all text, images, graphics, logos, icons, audio and visual files and software, is owned or licensed by us.
Except as permitted by the Copyright Act1968 (Cth) or other applicable laws which apply in your location, or as authorised by these terms and conditions or by the Licence Agreement, you may not:
(a) adapt, reproduce, store, distribute, print, display, reverse-engineer, perform, publish or create derivative works from any part of the Site; or
(b) commercialise any information, products or services obtained from any part of the Site,
without our written permission.
Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark. Nothing on this Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed in this Site without our, or the trade mark owner's, express written permission.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
1 in or as the whole or part of your own trade marks;
2 in connection with activities, products or services which are not ours;
3 in a manner which may be confusing, misleading or deceptive;
4 in a manner that disparages us or our information, products or services (including this Site).
Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use.
The Site contains links to other websites. The links are provided for convenience only and we do not warrant that the links remain current or that they are maintained. We accept no responsibility for the content or privacy practices of the linked websites; they are the responsibility of the owners of the linked websites and we have no control over them.
Our links to the linked websites should in no way be construed as an endorsement, approval or recommendation by us of the owners or operators of the linked websites or of the content, products or services contained on or referred to by the linked websites.
Responsibility for the content of advertisements appearing on this Site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Third Party Products
Unless otherwise indicated and excluding downloads of the Applications, software downloads and products available via links from the Site are third party products. The third party products may be subject to a agreement between you and the relevant third party product owner. To the extent permitted by law, we accept no liability in respect of such third party products and give no warranty or endorsement in respect of them.
Security of Information
You acknowledge that the security of any data transmitted via the internet cannot be guaranteed. We do not warrant or guarantee the security of such information. If you transmit information to us via the Site, you do so at your own risk.
Interruption or Termination of Access
Access to the Site may be interrupted or terminated at any time, for any reason whatsoever. These terms and conditions survive interruption or termination of access to the Site.
We may collect your contact information (like your name and e-mail address). If you agree, this information may be used:
1 to send news, information about our activities and general promotional material which we believe may be useful to you;
2 to monitor who is accessing the Site or using services (including the Applications) offered on the Site; and
3 to profile the type of people accessing the Site.
We may also provide your personal information to a purchaser of the business relating to the Site but the purchaser may only use your information for the purposes listed above. If you do not wish to have your personal information used in the above manner or for any other specific purpose, you can e-mail us accordingly.
We utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the Site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
Except as specified above, we will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this Site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
1 we subsequently notify you of the intended use or disclosure and you subsequently agree to that use or disclosure;
2 we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
3 we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
These terms and conditions, and your access to the Site, are governed by the laws of South Australia in the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of South Australia in the Commonwealth of Australia.
This Site is controlled, operated and administered by us from our offices in Australia. We make no representation that the Site or Applications are appropriate or available for use at other locations outside Australia, and access to the Site from jurisdictions where the Site or Applications, are illegal is prohibited. We reserve the right to block access to the Site and Applications by certain international users. If you access the Site from a location outside of Australia, you are responsible for compliance with all local laws.